Nitesh Singh @ Neelesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48361 of 2023 Arising Out of PS. Case No.-46 Year-2020 Thana- MAHILA P.S. District- Bhojpur ====================================================== NITESH SINGH @ NEELESH SINGH S/O MUNJI SINGH R/O VillageParariya, P.S- Charpokhari, Distt.- Bhojpur (Ara). ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Amrita Kumari W/O Nitesh Singh @ Neelesh Singh, D/O Sachindra Kumar R/O Singh Colony, Bhelai, P.S- Udwantnagar, Distt.- Bhojpur(Ara). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 46 of 2020 dated 02.07.2020 registered for the offences punishable u/ss 498A and 504 read with Section 34 of the Indian Penal Code and Section 3/ 4 of Dowry Prohibition Act.

4. As per the prosecution case, the petitioner and the accused persons are alleged to have tortured the informant due

Patna High Court CR. MISC. No.48361 of 2023(2) dt.08-08-2023 2/2 to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner never demanded any dowry nor tortured the informant. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner is the husband of the informant.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Ara in connection with Mahila P.S. Case No. 46 of 2020.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T